United States Patent and Trademark Office OG Notices: 19 September 2006
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
8-15 EX 76593831 National Sales
and Supply, LLC
8-16 EX 76495632 Wal-Mart
Stores, Inc.
8-16 EX 76562232 L-7 Designs, Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "MAJESTIC MELT"
Affirmed [rubber mulch
as to both product, namely,
cited mulch made of
registrations recycled rubber
for use in
landscaping and
horticulture
applications]
2(e)(1) Refusal "EXPERT GARDENER"
Affirmed [in Class 21:
in both classes watering devices,
namely, hose-in
sprayers;
in Class 31:
grass seed]
2(e)(1) Refusal "HANDMADE
Affirmed MODERN"
[kits for
making furniture
comprised primarily
of unfinished
or finished
wood; metal
composites or
metal pieces; and
foam, plastic,
fabric or self
stick veneers,
namely, kits for
making tables,
kits for making
table tops and
kits for making
bookshelves]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
2 cited No
registrations,
both owned by the
same entity:
"MAJESTIC
EARTH"
[potting soil
and fertilizer for
domestic use; peat
moss] and
"MAJESTIC
EARTH"
(and design)
[potting soil;
peat moss and
seeded flower and
lawn rolls]
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN